ILLINOIS POLLUTION CONTROL BOARD

August

11

,

1971

Environmental Protection Agency

v.

)

PCB

71-43

Lipsett Steel Products,

Inc.

3.

H.

Keehner, Assistant Attorney General of Illinois

for the

EnvironmentaL Protection Agency

R.

B.

Robertson, Attorney for Lipsett Steel Products,

Inc.

Dissenting Opinion

(by Mr. Aldrich):

I support

the Opinion of the Board that enters

a cease and desist order

against future open burning of boxcars by Lipsett but jOin Mr.

Kissel

in

disagreeing with the imposition of penalties

for burning on

six days in

1971.

Lipsett has diligently sought techniques to reduce the smoke from burn-

ing boxcars

(which incidentally involves recycling,

a goal of the Board).

On the dates on which they

are charged with violations, Lipsett was using

gas fuel blowers which as far as the Board knows

is as good

a system as

has been developed for reducing emission.

Furthermore,

these alleged violations occurred within the period during

which

I would have granted

a variance

~

PCB

70—50, March

22,

1971).

Even though

I felt that

a variance should

have been granted,

I would have supported imposition of penalties if

Lipsett had conducted boxcar burning in defiance of

a Board order,

The

dates on which burning occurred predated the filing of the Board order

in the variance

case.

~

The $6,000 penalty was uncalled for in this case.

I,

Regina E.

Ryan,

Clerk of the Illinois Pollu

~n Control Board certify

t~t Dr.

Samuel

R. Aldrich submitted

the above Dissenting Opinion on the

jday

of August,

1971.

2

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